While Congress debates health care, handles the economic downturn, and the quagmire in Afghanistan, Congressman Barney Frank is eyeing America’s draconian pot policies. Read Esquire’s exclusive interview.
By: John H. Richardson, Esquire Magazine
To my shame, I started my interview with Congressman Barney Frank about the legalization of marijuana by apologizing to my subject. “I know you guys have a lot on your plate these days, so I’m sorry to be calling you about something kind of trivial…”Then I did a rapid midcourse correction. “But it’s not trivial, because people go to jail over it.”
“That’s exactly right,” Frank said.
We were talking about the Personal Use of Marijuana by Responsible Adults Act of 2009, Frank’s latest attempt to bring sanity to the federal marijuana laws. Currently, pot is classified as a Schedule I Controlled Dangerous Substance under federal law, which makes it worse than morphine, cocaine, amphetamine, and PCP. Possession of a single joint carries a penalty of $1,000 and a year in prison – a charge faced by about 800,000 American citizens every year. This is the government whose judgment on war and economics we are supposed to respect.
So I started the interview over.
ESQUIRE: Could you tell me why you’re doing it at this time? Everybody says you guys have got so much to handle right now.
BARNEY FRANK: Announcing that the government should mind its own business on marijuana is really not that hard. There’s not a lot of complexity here. We should stop treating people as criminals because they smoke marijuana. The problem is the political will.
ESQ: That’s my second question. There’s already been a lot of change in the country. Thirteen states have decriminalized pot. What’s holding up Congress?
Washington, DC: Massachusetts Democrat Barney Frank, along with co-sponsors Ron Paul (R-TX); Maurice Hinchey (D-NY); Dana Rohrabacher (R-CA); and Tammy Baldwin (D-WI), will reintroduce legislation today to limit the federal government’s authority to arrest and prosecute minor marijuana offenders.
The measure, entitled an “Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults,” would eliminate federal penalties for the personal possession of up to 100 grams (over three and one-half ounces) of cannabis and for the not-for-profit transfer of up to one ounce of pot – making the prosecutions of these offenses strictly a state matter.
Under federal law, defendants found guilty of possessing small amounts of cannabis for their own personal use face up to one year imprisonment and a $1,000 fine.
Passage of this act would provide state lawmakers the choice to maintain their current penalties for minor marijuana offenses or eliminate them completely. Lawmakers would also have the option to explore legal alternatives to tax and regulate the adult use and distribution of cannabis free from federal interference.
To date, thirteen states have enacted laws ‘decriminalizing’ the possession of marijuana by adults. Minor marijuana offenders face a citation and small fine in lieu of a criminal arrest or time in jail.
“The federal government has much more important business to attend to than targeting, arresting and prosecuting adults who use marijuana responsibly,” NORML Executive Director Allen St. Pierre said. “This is an issue that ought to be handled by the states, not the Feds.”
According to nationwide polls, three out of four voters believe that adults who possess marijuana should not face arrest or jail, and one out of two now say that cannabis should be regulated like alcohol.
“The US Congress has a definite choice,” said St. Pierre. “They can choose the path of compassion, fiscal responsibility, and common sense by supporting Barney Frank’s and Ron Paul’s efforts, or they can continue down America’s failed drug war path by endorsing Rep. Kirk’s draconian legislation. It is abundantly clear which direction the voters wish to go; will their elected officials follow?”
Additional information about the ‘Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults’ is available at NORML’s Take Action Center.
Massachusetts Democrat Barney Frank, along with over a dozen cosponsors, reintroduced legislation in Congress today to strengthen legal protections for state-authorized medical marijuana patients.
The bill, entitled the Medical Marijuana Patient Protection Act of 2009, seeks to amend the discrepancy between federal law and the laws of over a dozen states that have enacted regulations governing the therapeutic use of cannabis.
Thirteen states – Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, New Mexico, Nevada, Oregon, Rhode Island, Vermont and Washington – have enacted laws prohibiting medical marijuana patients from state prosecution. Passage of the the Medical Marijuana Patient Protection Act would ensure that medical cannabis patients or providers who are compliant with state law, such as Charles Lynch (who was sentenced today in federal court), would no longer have to fear arrest or prosecution from federal law enforcement agencies.
Previous versions of the Medical Marijuana Patient Protection Act were introduced in both the 108th and 109th Congress, but failed to receive a public hearing or a committee vote.
While campaigning for the presidency, Barack Obama promised not to use Justice Department resources “to try and circumvent state (medical marijuana) laws” — a pledge that has been repeated in recent months by US Attorney General Eric Holder. Nevertheless, agents from the US Drug Enforcement Administration have continued to target medical marijuana providers in states that allow for the drug’s use, and federal prosecutors have continued to bring federal anti-drug charges against defendants who were acting in accordance with their state’s cannabis laws.
To support the Medical Marijuana Patient Protection Act of 2009, please log on to NORML’s Take Action Center here.
July 30, 2008, Washington, D.C,: Today something rather historic on a number of counts occurred in the nation’s capital. Firstly, Congress is for the first time in a generation (1978) taking a serious look at reforming components of cannabis prohibition laws. In today’s Congress, the support of the Congressional Black Caucus is pivotal to passing any substantive cannabis law reform. So I was so very heartened that Reps. Barbara Lee (D-CA) and William Lacy Clay (D-MO) joined us on this very hot and oppressively humid day in DC, along with the always jocose Barney Frank (D-MA), the bill’s primary sponsor (along with Rep. Ron Paul, R-TX).
Second, the media attending today’s press conference on HR 5843, a bill that would decriminalize marijuana possession and use for responsible adults, fairly captured the event’s narrative, i.e., ‘it makes no sense to treat cannabis consumers like criminals’ and ‘why not start controlling cannabis in the same way society (and government agencies) already control alcohol products?’ with no double entendre or goofy ‘stoner stupidisms’. You can view a CNN video of the press conference here. Also, you can check out some YouTube footage here of my opening remarks.
Bill Piper from the Drug Policy Alliance spoke about the collateral effects that happen to citizens arrested for minor amounts of cannabis including, but not limited to: loss of student loans; denial to public housing, food stamps and job training; and denial of entry into the military and some government service jobs.
As has been noted by others who attended today’s press conference, there was a certain air of desperation coming from the part of the government who is responsible for supposedly ‘controlling’ currently illicit drugs. The Office of National Drug Control Policy (ONDCP)chief propagandist David Murray attended the press conference, making himself available for questions afterwards and handing out his latest anti-cannabis handywork, and he seemed absolutely befuddled that anyone on the face of the planet could possibly compare cannabis and alcohol policies, and that there is no such thing as the responsible use of cannabis. Period. Even for medical purposes with a physician’s recommendation. Period.
Wow. Can you say, ‘flat earth’?
Indeed, there is much work to be done in cannabis law reform in the Executive Branch (which, astonishingly, is where ONDCP resides) and so-called anti-drug agencies. The tale of Hercules and the cleansing of the Augean stables immediately comes to mind…
As Chairman Frank noted in his prepared remarks, HR 5843 (and similar legislation HR 5842, which regards medical marijuana rescheduling) are not likely to come a full committee for vote until well into 2009. Given this candid assessment by Rep. Frank, for NORML members and advocates of cannabis law reform, there are still important phases that we can all help accomplish that will hasten passage of these important and reform-minded bills.
Rep. Frank and the other current co-sponsors of HR 5843 will be sending around a ‘Dear Colleague” letter soon encouraging other members of the House to join them early on in support of their bill for the decriminalization of cannabis for responsible adult use and, therefore, like all legislation in the Congress, the more co-sponsors of a legislative bill, the better chance the bill’s chance of passage.
With the change of presidency in the wings and a likely increase in the number of Democratic members being elected to the House of Representatives, NORML’s expectations for HR 5843 is for there to be both subcommittee and full committee votes on Judiciary regarding this important legislation late into 2009.
Importantly, NORML members and advocates of cannabis law reform, for the next six months, need to truly concentrate their advocacy efforts on actively recruiting each of our elected members of Congress to become co-sponsors of HR 5843. Of the many lobbying and advocacy efforts one can employ to advance cannabis law reforms in America, getting a federal cannabis decriminalization bill passed and signed into law is the single most politically achievable public policy advance that is likely to happen in Congress in the next few years.
As our democracy prescribes, states will continue to largely serve as the catalyst of change and innovation in public policy making regarding cannabis, and this is very likely going to continue to happen with more and more municipalities and states passing progressive cannabis laws—at some point, ultimately, positively affecting the federal government.
At least that is how it is supposed to work, right?
Stay tuned to NORML!
Update: a one-day CNN online poll on 7/30 asked citizens if they support legalizing cannabis: 76% in favor, 24% against. On July 31, the Washington Examiner in DC ran an online poll, resulting in a similar spread: 75% in favor, 25% against.
WHAT: Congressman Barney Frank (D-MA) and other House members will convene a press conference on Wednesday, July 30, in support of legislationto remove federal penalties for personal marijuana use, and take questions from the media.
HR 5843, An Act To Remove Federal Penalties for the Personal Use of Marijuana by Responsible Adults, seeks eliminate federal penalties for possession of up to 100 grams of marijuana, and for the not-for-profit transfer of up to one ounce of marijuana.
Representatives from the National Organization for the Reform of Marijuana Laws (NORML), the Drug Policy Alliance (DPA) and the Marijuana Policy Project (MPP) will also participate in this press conference.
WHEN: Wednesday, July 30, 2008 at 10:00am
WHERE: Room 2220 Rayburn House Office Building
CONTACT: R. Keith Stroup, NORML Legal Counsel, at (202) 483-5500.
In the video below, provided by Tom Gregory at Huffington Post, Frank explains why he believes, “There should be no federal laws against the personal use of marijuana, whether it’s for medical purposes or not.”
Below is this week’s summary of pending legislation and tips to help you become involved in changing the laws in your state and at the federal level.
California: In an important victory for medical marijuana patients, the Assembly Committee on Labor and Employment approved Assembly Bill 2279, sponsored by Assemblyman Mark Leno, in a 6-2 vote. The measure is now headed to a vote on the Assembly floor. This bill would protect patients from employment discrimination on the basis of their state-licensed medical cannabis use in off-work hours. (The bill exempts workers in safety-sensitive jobs, including law enforcement). California supporters are strongly encouraged to contact their Assemblymembers via NORML’s online advocacy system.
Minnesota: Minnesota’s House Ways and Means Committee has approved Senate File 345, along with its companion bill, House File 655. The measure will now go before the full House for a floor vote, and if approved there, to the Governor’s desk. This legislation would ensure that medical marijuana patients in Minnesota would no longer have to fear arrest or prosecution from state law enforcement. However, Governor Pawlenty has indicated that he is inclined to veto this bill if it gets to his desk. Minnesotans are strongly encouraged to urge their Representatives and the Governor to support these bills via NORML’s online advocacy system.
New Hampshire: House Bill 1623, which would decriminalize the possession of small amounts of cannabis, was passed by the House on March 18. The bill is now before the Senate Judiciary Committee, which held a hearing on it on April 22. The committee will likely take action the next time they hear this important measure, so the time to contact your New Hampshire State Senator is now. Additionally, our allies at NH Common Sense are now encouraging supporters to contact Governor John Lynch directly and urge him to rethink his assertion that he will veto HB 1623 if it reaches his desk. New Hampshire supporters are strongly encouraged to urge their Representatives and the Governor to support these bills via NORML’s online advocacy system.
Washington, DC: US Congressman Barney Frank (D-MA) introduced legislation in Congress Friday, April 18, to strip the federal government of its authority to arrest responsible adult cannabis consumers. The measure, H.R. 5843, known as an “Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults,” is the first federal decriminalization legislation introduced in 24 years. Frank’s pending bill, co-sponsored by presidential candidate Rep. Ron Paul (R-TX), seeks to eliminate all federal penalties prohibiting the personal use and possession of up to 100 grams (3 1/2 ounces) of marijuana. Under this measure, adults who consume cannabis would no longer face arrest, prison, or even the threat of a civil fine. The bill also eliminates all penalties for the not-for-profit transfers of up to one ounce of pot. All are encouraged to write their representatives in support of this important legislation via NORML’s online advocacy system.
Washington, DC: Representative Ron Paul (R-TX) introduced H.R. 5842, the “Medical Marijuana Patient Protection Act,” on Friday, April 18. This bill would make federal authorities respect states’ current laws on medicinal cannabis and end DEA raids on facilities distributing medical marijuana legally under state law. Representative Paul, whose presidential campaign prominently featured the ending of the drug war as a platform plank, was joined by Reps. Barney Frank (D-MA), Dana Rohrabacher (R-CA), Maurice Hinchey (D-NY), and Sam Farr (D-CA) in co-sponsoring this bill. All NORML supporters are strongly encouraged to write their Representatives in favor of this important bill via NORML’s online advocacy system.
In a surprise move today while visiting Kiev, Ukraine, in advance of NATO meetings, US President George Bush made a dramatic announcement that in one giant sweeping act of Executive Clemency he was freeing all 70,000 of America’s marijuana-only prisoners.
President Bush said, “I was down in Crawford last week…drivin’ my pickup ‘round the ranch, lookin’ for some brush to cut…turned on the radio…it was my buddy, my fellow Texan, Willie Nelson, he was singin’ “Bobbie McGee”. Well, right after that song finished, Willie came back on and did a PSA for NORML, you know, that marijuana group. I was sittin’ there in my truck alone, listenin’…and a guess what? A thought occurred to me. You know, I’m at the end of my term in office…and I’m never gonna be runnin’ to be elected for anything, ever again…That’s when I realized that freedom isn’t just another word, when you ain’t free. And I have the power to free America’s most harmless prisoners, the 70,000 marijuana- only prisoners.
After all, what Willie Nelson says is right…half of all adult Americans have smoked a doobie sometime in their life. Shoot, if the cops ever caught everybody who was breaking marijuana laws in America at the same time, you’d have to fence off a couple of states to make us a jail big enough to hold ‘em all. And you know, letting all those marijuana prisoners go, I’ll also be freeing up 70,000 prison cells for real criminals…or we could use some of the freed-up billions of dollars we were spending to lock those people up and spend the money for college scholarships…or fixing roads.
Lastly, in preparation for my last NATO meeting in Europe, my aides included recent writings from travel guru and author Rick Steves. Who can’t appreciate his practical advice?
The veteran Washington press corps was momentarily stunned by Bush’s dramatic pronouncement. And before they could ask a single question, President Bush waved his hand in the air and said, “That will be it for today. Thank you all for coming, but I’ve got to leave. I’ve got a very important meeting at 4:20 this afternoon with other heads of state.”
For the first time in nearly 25 years, NORML is spearheading a campaign in Congress to end the federal prohibition of marijuana. Congress created cannabis prohibition, and the courts say time and again to reformers: ‘Congress is the place to change marijuana laws.’
Therefore, NORML has teamed up with Democratic Congressman Barney Frank of Massachusetts to draft legislation that would strip the federal government of its authority to arrest responsible cannabis consumers.
Yes indeed, for the first time in more than two decades, we will shortly have legislation in Congress that, if enacted, would end the federal prosecution of adult marijuana consumers!
Massachusetts Democrat Barney Frank, along with over a dozen cosponsors, reintroduced legislation in Congress today to strengthen legal protections for state-authorized medical marijuana patients.
In a surprise move today while visiting Kiev, Ukraine, in advance of NATO meetings, US President George Bush made a dramatic announcement that in one giant sweeping act of Executive Clemency he was freeing all 70,000 of America’s marijuana-only prisoners.
